BHARAT YADAV Vs. GANPATI ASSOCIATES

JUDGEMENT

(1.) The present civil revision has been filed against the judgment and order dated 9.3.2012 and 3.12.2011 passed by the Additional District Judge, Court No. 9, Meerut in Misc. Case No. 16 of 2009 arising out of SCC Suit No. 46 of 2008 (M/s Ganpati Associates Vs. Bharat Yadav).

(2.) Plaintiff-respondent filed a SCC Suit No. 46 of 2008 against the defendant-revisionist for arrears of rent and ejectment. On 7.2.2009 the said SCC Suit was decreed ex-parte. The defendant-revisionist filed an application under Order 9 Rule 13 read with Section 151 CPC for setting aside the ex-parte decree along with an application for condonation of delay in filing the restoration application. The SCC Court allowed both the applications setting aside the ex-parte judgment and order dated 7.2.2009 subject to the condition of deposit of monthly rent with 15% enhancement as provided in the alleged rent agreement dated 21.3.2003 and also directed to deposit the costs of Rs. 200/-. Against the said order, defendant-revisionist filed a modification application with a prayer that the defendant-revisionist may be allowed to deposit the rent at the rate of Rs. 1600/- per month and the conditions provided in the order dated 3.12.2011 for depositing the monthly rent with the enhancement of 15% in pursuance of the agreement dated 21.3.2003 may be deleted. The defendant-revisionist also filed his written statement rebutting the entire plaint case. By order dated 9.3.2012 the court below partially modified the order dated 3.12.2011 to the extent that the landlord would be entitled to receive the rent in accordance with judgment that may be ultimately passed in the suit.

(3.) The defendant-revisionist, being aggrieved and dissatisfied with the orders dated 3.12.2011 & 9.3.2012, filed the present revision.